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HomeMy WebLinkAbout2004-043 .... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004-043 being a by-law to authorize the execution of an agreement between the Municipality of Clarington and the Central Lake Ontario Conservation Authority. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1 . THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, an Agreement between the Municipality of Clarington and the Central Lake Ontario Conservation Authority pertaining to lands necessary to construction Longworth Avenue, including the associated stormwater outfall works through the Bowmanville Valley Conservation Area. By-law read a first and second time this 16th day of February 2004. By-law read a third time and finally passed this 16th day of February 2004. JOh~}~ ./" <:: --:. February 2, 2004 March THIS AGREEMENT made as of the --2.6..t.hday of~~ry, 2004. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - CENTRAL LAKE ONT ARlO CONSERVATION AUTHORITY (hereinafter called the "Authority) OF THE SECOND PART WHEREAS: A. At its meeting on February 18,2003 the Authority approved the recommendation contained in Staff Report #4382-03d regarding the transfer by the Authority to the Municipality for a nominal consideration of title to those lands necessary to construct Longworth A venue, including the associated stormwater outfall works through the Bowmanville Valley Conservation Area subject to certain conditions. These lands are more particularly described as Part 1 on plan of survey of record 40R-22300 deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Lands"); C. At its meeting on February ~, 2004, the Council of the Municipality approved the recommendation contained in Report #EGD-2004-~ and passed By-law No. 2004-~ to authorized the Mayor and the Municipal Clerk to execute this Agreement on behalf of the Municipality, NOW THEREFORE THIS LEASE WITNESSES in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars oflawful money of Canada now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Erosion Studies and Protection Works 1.1 In 2003, after first consultation with the Authority, the Municipality will initiate at the Municipality's expense a Stream Erosion Assessment Study ofa portion of the Soper Creek watershed. The purpose of the Stream Erosion Assessment Study is to inventory erosion sites on the Soper Creek and its banks on which erosion can be accelerated, despite best management practices, as a result of development due to increased peak run-off, increased 2 1.2 The Soper Creek Stream Erosion Assessment Study will include specific recommendations respecting erosion protection works which should be constructed or installed in order to protect Soper Creek and its banks from the acceleration of erosion referred to in paragraph 1.1. 1.3 After consultation with the Authority, the Municipality at its cost intends to undertake additional stream erosion assessment studies as soon as is reasonably practicable. These studies will have purposes which are analogous to the Soper Creek Stream Erosion Assessment Study referred to in paragraph 1.1. Where appropriate these studies will recommend the construction or installation of erosion protection works on the streams or on the banks of the streams in question. 1.4 Without fettering in any way the Council of the Municipality in the exercise of its legislative discretion, the Parties hereto state their present intention that if a development charge background study respecting a Development Charge By-law to replace By-law 2000-108, as amended, on the expiry of By-law 2000-108 as provided for in the Development Charges Act, S.O. 1997, c.27, as amended, is undertaken for the Municipality and recommends development charges for services be imposed, the Replacement By-law will incorporate an appropriate component of the development charge respecting erosion protection works as identified in the Studies referred to in paragraphs 1.1, 1.2 and 1.3. It is understood by the Parties that the costs 9f such erosion protection works component of the Replacement by-law may include costs related to: · Review and update of current erosion site inventory · Review and update of hydrology and hydraulics in the subject reach as they pertain to erosion thresholds · Compilation of existing and potential erosion sites · Preliminary general design and cost estimate of erosion protection . Engineering · Construction or installation of erosion protection works 2. Transfer of Title to Lands 2.1 On or before February 27,2004, the Authority will transfer good and marketable title in fee simple to the Lands to the Municipality for the consideration of Two ($2.00) Dollars of lawful money of Canada to be paid by the Municipality to the Authority. 2.2 The Municipality will pay the costs of the Authority which are incurred by the Authority in connection with the transfer of the Lands to the Municipality, including, without limitation, its reasonable legal costs, registration fees and land transfer tax, if any, .;: ~, 3 IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date above written. THE CORPORATION OF THE MUNICIP ALITY OF CLARINGTON ?{J' ~-, .-_ -</1'/jrJ- - . ....... 'II - \"- / o!i!iMuttoil--~ I1We have authority to bind the Corporation. CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY per~9~er Title: C h \ € +- /~.J '""'"' ,'...., :"4-",^{,v e Per: (J;k~~:;)/-<;l;) Name:/..{/~'.~"",<,~D"1...J'; -< J l~h,:fc. Title: Dillee l~d (..I,.:.. {~.f2tfJ-:..'/A.-l.O ~S.e/Zv/(-.v I1We have authority to bind the Corporation. "lllllIII SCHEDULE "A" Description of the Lands Part of Lots 13 and 14, Concession 2, former Township of Darlington, now the Municipality of Clarington, designated as Part 1 on Plan 40R-22300, being Part ofP.I.N. No. 26615-0020(LT).